The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-30
THE. SENATE'S STATIONERY.
Green Smiths Requisition Not for His
Own Use, but for Stenographer's.
An Interesting Recital Of Facts Regarding the
BREWER Reports Which the Demand for
This Supply Of Articles Suggests.

Green Smith is entitled to this statement OF
facts regarding special requisition for station
cry signed by him on the 7th of March, the last
day of the session of the General Assembly
While the information which led to its produc-
ton in print was thought to be reliable 1t was,
nevertheless, misleading. Mr.. Smith did sign
the requisition for the articles and amount
named. but the voucher in the Secretary OF
States Office shows that the supplies were for
''the stenographer Of the Senate" and not Tor
Mr.. Smiths own use. For many years the short
hand notes of speeches, debates and all proceed
ings of the Senate and House have been made
by W. r. Drapier, of this city. There was no
law providing for the appointment of an official
stenoerapher, and in Assembly after Assembly
he has done the work with the expectation of
having many copies of his reports, known as
Brewer, to be supplied to the Senators and Rep
resentatives at the expense of the State. His
exact relation to the Senate is shown in his own
complaint to the Circuit Court of this county
asking for writ of manaamus to compel the
ahen Auditor of State, James H. Rice, to pay
him SO, 1926, which he refused to do Aug. l,
1888. DRAPER stated in this complaint that he
was early in the session authorized and en-
ployed TO report the proceedings Of the Senate
and House of the Fifty third General Assembly,
and under this he charged that his service be-
came matter of legislative expense He does
not cite by what action of either house this
authorization and employment was given him.
but further sets fo-th that the Senate on
March B. 1883, passed resolution directing him
to be paid for the BREWER Reports two-thirds
of . cent per page per copy. Upon this he cites
chat the Senate also adopted the following;
Resolved That the Auditor of State be and is here.
BY directed to issue his warrant the State Treasury
At the end of the present session, in favor of W. H.
Drapier, stenographic Assembly reporter. for what
may be due him for the Brewer Legislative Reports
at the price paid page per copy uniformly
paid since 1857. to be paid out OF the funds appro-
priAted for legislative expenses the number of copies
for the session to be the heretofore
published ten copies of each to be forwarded
published to each member of the General Assembly
There appeared in this action no resolu-
ton Of the House for the same purpose.
but in its place was given motion of
Represent ative Moser to the effect ''that
the Secretary of State is hereby directed
to send to each member of this House. officers
and clerks thereof, five copies Of the Brewer Re-
ports, of the House and Senate journals and acts
OF the present session Rs soon as they are print
cd and bound" This was adopted by the House,
gnd Mr. DRAPER claimed that it committed that
body to the action Of the Senate. The bill he
presented for payment by the State, and which
refused by the Auditor read for $50 copies Of
the Brewer Reports of the proceedings of the
Fifty-third General Assembly, uniformly paid by
the State heretofore, twothirds of cen per page
per copy of BIG pages, in compliance with SEN
ate and House resolutions. March 5, 1883.
50, 686 65: interest six months, $l10.60 total
SO, 1917 26. He also recited that there was due
him from the State, under similar clrcum-
stances, and the accounts for which were rem
dered in the same manner, $l1. 656 90 for Brewer
Reports Of the Fifty-first and Fifty second Gem
eral Assen n, blies. He further stated that the
Senate Of the Fifty first. by resolution. had
copies of the Brewer Reports of former Assem-
blies laid upon the desks Of members, and,
more, that in 1881 the Senate authorized him to
continue his reports.
1t was upon this presentation that DRAPER
went into the Circuit Court, alleging that he
was officer of the Senate, and entitled to be
paid for his work. as agreed by the Senate, out
of the appropriation for the Assembly's ex-
penses. Auditor Rice was worsted, but he
appealed to the Supreme Court, and March IL,
1884 an opinion of that conrt was handed down.
1t was delivered by Judge Niolack, and its con-
illusions were
When the amount of claim against the State has
been ascertained prescribed by law and the money
an the treasury has been appropriated to pay it. the
Auditor of State may be compelled by mandate to
draw a warrant. therefor but not otherwise.
Legislative Appropriations, BREWER Reports-The
act Of january s. 1888, making an appropriation &c
pay the expenses of the Fifty-third General Assem-
bly, did not appropriate any money to the payment Of
expenses of any former General Assembly, could
payment for BREWER Reports of proceedings and de
bates Of that General Assembly be made out of sale
absence q alOwenct
therefor made by concurrent action of the two
houses, which not done.
Legislative Power--Separate and concurrent resolu
lions of each branch of the General Assembly separ
ate resolutions of each house. authorizing payment
Cor Brewer Reports could not amend vary the pro
visions of the statute which required concurrent
tion OF the two houses.
Under circumstances like those recited it il
presumed Drapier reported the proceedings o.
tho General Assembly of 1885, for early in tn,
recent session there was Senate concurren
OH h vprnv fovl vvso
Later in the session bill was introduced in tn
Senate providing for the appointment of stenog
raphcr for the General Assembly. It did no
make good progress nor did the Senate concur
emit resolution amount to anything There wa
decided opposition to it, and none expressed
himself more strongly against it than Gree,
Smith. He termed the reports as inaccurat,
and not worth the amount the Senate was askes
to pay for them 1t went along toward the clos
OF the last session, when Senator Mcdonald, o
Allen and Whitley, on tho 9Th of March, tw
days before the Senate adjourned sine die intro
duced this resolution.
Resolved That Vim. H. Drapier be- and he
hereby elected stenographer of tho Senate, and II
stead of per diem he be allowed for the same nun
Der OF copies of the BREWER Legislative Reports of tn
present General Assembly. at the same price as ha
been paid by the State for said reports since 1867
and for years before under resolutions and in
act and identical words to price and number G
copies and the President of the Senate is hereby d
fected to issue his warrants therefor as in case c
other officers of the Senate. The Bureau Of Printin
Is directed to have said reports bound heretofor
by the State and said stenographer is directed to fol-
ward ten copies to each member of the General A.
sembly.
This was Resolution 49, and Senator Thar
moved that it be referred to special committe
OF Ave- Senator Sellers moved to amend by ir
definitely postponing it. and while this was pend
ing the Senate took recess to receive the teach
ers and pupils of the Deaf and Dumb Institute
An adjournment came before any action could
had on the Mcdonald resolution, but late Mon
day afternoon, in the hurry and confusion at
tending the last hours of the session, it wa
passed without any trouble. The House di
nothing toward making DRAPER stenographer q
The General Assembly, and besides it is he'll
that this cannot be done by resolution
It will require law. In face of the Suprem
Court decision, DRAPER cannot be paid for hi
services except by concurrent action, and a